Compensation For Faulty PIP Breast Implants – posted 10/1/2012

Many women who have undergone breast implants will be concerned with the recent media coverage concerning the implants supplied by the French company Poly Implant Prothese (PIP). It has been estimated that approximately 40,000 PIP breast implants have been fitted in breast enlargement and reconstruction surgery in the UK between 2001 and 2010.

The faulty implants came to light in March 2010 when the MHRA (The Medicines and Healthcare Products Regulatory Agency) issued a recall on all stocks of the PIP implants following concerns and reports regarding leakages. It was shortly after this recall that the manufacturers went into liquidation.

A subsequent investigation by the French authorities has also led to findings that the company had actually been using an unapproved form of silicone gel in the implants. Following this information the French medical authorities have advised all women in France, who have received implants supplied by PIP, to have these removed.

Meanwhile here in the UK, the Health Secretary Andrew Lansley, asked an expert group led by the NHS Medical Director, Professor Sir Bruce Keogh to review all available evidence and data on PIP breast implants.

Following this review, the expert group confirmed that it is undeniably the case that these implants are made up of non-medical grade silicone and therefore should not have been implanted in women in the first place.  Professor Sir Bruce Keogh stated that “The overriding consideration of the group is the safety and compassionate treatment of women with PIP implants.”

Having recognised that this will have caused great concern to women in the UK who have had PIP implants fitted, it is recommended that all women who are concerned should speak to their surgeon or GP. If following the consultation with their GP the patient still has concerns and she decides with her doctor it is right to do so, then the NHS will replace the implants if the original implants were carried out by the NHS.

The NHS offer is as follows:

1.   All women who have received an implant from the NHS will be contacted to inform them that they have a PIP implant and to provide relevant information and advice. If in the meantime NHS patients seek information about the make of their implant then this will be provided free of charge.

2.  Women who wish to will able to seek a consultation with their GP, or with the surgical team who carried out the original implant, to seek clinical advice on the best way forward.

3.  If the woman chooses, this could include an examination by imaging to see if there is any evidence that the implant has ruptured.

4.  The NHS will support removal of PIP implants if, informed by an assessment of clinical need, risk or the impact of unresolved concerns, a woman with her doctor decides that it is right to do so. The NHS will replace the implants if the original operation was done by the NHS.

The expert group has also advised that they expect the private sector to follow suit and do the same stating that “Private providers have legal obligations to their patients. The NHS will offer a package of care for its patients, and we expect the private sector to do the same”.

 Therefore where treatment has been received privately then women should contact the private clinic where the surgery and implants were carried out. However, where a clinic that implanted the PIPs no longer exists or they refuse to take any action, the patient is then entitled to NHS services whereby they will support the removal of PIP implants.

 It is important to note however, that any NHS service in that respect would not include the replacement of private cosmetic implants. The Government will pursue private clinics with all means at its disposal to avoid the taxpayer picking up the bill.

 If you have had breast implants and are concerned then we recommend that you contact your GP or surgeon and seek medical advice with regards to whether the implants should be removed.

 If you would like further legal advice on making a claim then please contact Peter Williams at Ascot Lawyers on 01344 783897 or email on peterw@ascotlawyers.co.uk. Please be advised that we are able to offer a No Win No Fee basis to the majority of our clients.